Is EAD really optional?

[ryn 4]

Hello, I have a question. My husband and I are okay if he doesn't work while his Adjustment of Status is being processed. But will we still be able to get a social security card, drivers licence, etc while we are waiting if we don't apply for EAD? We are currently past our I-94 date. We had applied for his social security number as soon as he arrived in the country, but we never received one, and when we checked with them two months later they said that they were waiting on "immigration" to respond. That was back in March and we've still never received a social security card.

I guess I'm just not sure how we are supposed to get him on our bank and utilities, and even my health insurance is demanding his social security number and threatening to drop him without it.

We're pretty broke right now and cannot afford the added expense of filing for EAD if we don't need it. We also didn't apply for Advanced Parole, as his father died the week after we came out and he didn't get to go home then, so now he knows he's just not going back home for any reason until this is done.

Thanks for any advice.

[aleful 1,905]

hi

the EAD and travel permit are free, there is no extra cost when filing with the i485, that's why everybody sends the i765 and i131

did you already send the adjustment of status packet, if so, how long ago was that? you can still apply for the work permit and travel permit if it wasn't too long ago, you send a copy of the i485 form or receipt so they don't charge you for the forms

[Georgia16 2,858]

I'm not going to work either right now. But I'm applying for the EAD so I can get my DL otherwise I'll have to wait until I get the GC and that can take a while and I really want to drive before that. + it's free with the AOS

[ryn 4]

Oh goodness, I saw the EAD fee on their fee pages, and it was so expensive. I didn't know it was free with AoS. He had already filed i485 (and we have our biometrics appointment in a week). He is pretty stubborn and insisted it was optional and filed without the EAD. It will be tough for me to get him to file for EAD now without some strong citations. Gotta love that Scottish stubbornness.

I guess I still have my original question, as to whether we are able to continue without it. Is EAD optional? Has anyone done their AOS without an EAD? And I guess I'm not sure what the best order to go about things would be.

Does social security requre an EAD once the I94 expires?

Are we required to go all the way to our interview without getting a drivers licence, bank account, lease, medical insurance, etc (stuff needing social security number) without that EAD?

[Unidentified 2,930]

So you're fine with him not working yet you're broke and you can probably get the EAD for free? Sounds logical...

[yuna628 9,676]

Oh goodness, I saw the EAD fee on their fee pages, and it was so expensive. I didn't know it was free with AoS. He had already filed i485 (and we have our biometrics appointment in a week). He is pretty stubborn and insisted it was optional and filed without the EAD. It will be tough for me to get him to file for EAD now without some strong citations. Gotta love that Scottish stubbornness.

I guess I still have my original question, as to whether we are able to continue without it. Is EAD optional? Has anyone done their AOS without an EAD? And I guess I'm not sure what the best order to go about things would be.

Does social security requre an EAD once the I94 expires?

Are we required to go all the way to our interview without getting a drivers licence, bank account, lease, medical insurance, etc (stuff needing social security number) without that EAD?

Yes EAD/AP is free with one check fee of $1070 when filing with AOS. The thing about not having the EAD/AP is that it will be difficult to do much until you have your green card, which could take a very long time. As far as SSN though, you said you tried obtaining one when he first arrived right? Did you roughly follow the SSA guide on VJ? Did you have a check of the I-94 database to see if he was actually logged in there before going? Yes, you're supposed to be in the database but sometimes.. it doesn't happen.. and sometimes the SSA is a butt about knowing how to handle a K1. I don't know which was the case for you... so my suggestion would be to go back to the SSA, ask for a supervisor and investigate. The problem is now, since the I-94 is expired and without an EAD, then yes.. it may be difficult navigating things with the SSA. If the immigrant doesn't get the SSN before the I-94 expires, then the next logical course is to wait for the EAD as proof of status.. but you guys don't currently have that option.

As for what else you can do without an EAD or SSN: You do not need an SSN to add your spouse to your bank account (ours simply went by our marriage certificate and his passport), yes there are some bank employees that can also be a butt about this. ;-) Also, not having an SSN is not a prohibitive factor to obtaining health insurance. This question comes up a lot when couples encounter a stubborn work HR or insurance rep that hasn't got a cluephone (i.e. being a butt again). I successfully added my husband to my private health insurance without the need for an SSN, in fact they don't even need my SSN. They may send you a letter eventually saying they'd like to know your SSN - but the language of the law is clear. The only person that needs to know your SSN upon personal request is the IRS itself. If you do not provide an SSN to an insurance company, the IRS has other ways of verifying your ID, and if they should need an SSN they must ask it from you, themselves. For other reasons, many people may not have an SSN or have issues obtaining one for a time, and it's specifically written into the law of how an insurance agent (even for O'care) should sign a potential enroller up in these scenarios (usually using a lot of 0's).

For drivers license or any state ID: you're out of luck without having BOTH an EAD and SSN. Green card works of course. They also hire some butts, however it's in the domain of the state and their own regulations won't be letting you approach the subject without some sort of hard proof of status.

So what to do? Well he may have to reign in his stubbornness a bit for you, do some investigating with the SSA, and you could as others have suggested chase up the EAD/AP situation since you have filed for AOS. Otherwise, you may be stuck for a bit. ;-)

[Ebunoluwa 6,136]

Oh goodness, I saw the EAD fee on their fee pages, and it was so expensive. I didn't know it was free with AoS. He had already filed i485 (and we have our biometrics appointment in a week). He is pretty stubborn and insisted it was optional and filed without the EAD. It will be tough for me to get him to file for EAD now without some strong citations. Gotta love that Scottish stubbornness.

I guess I still have my original question, as to whether we are able to continue without it. Is EAD optional? Has anyone done their AOS without an EAD? And I guess I'm not sure what the best order to go about things would be.

Does social security requre an EAD once the I94 expires?

Are we required to go all the way to our interview without getting a drivers licence, bank account, lease, medical insurance, etc (stuff needing social security number) without that EAD?

If he doesn't want to file for the EAD then he can not drive, work, get a SSN, co mingle bank accounts etc.....

If he wants to sit in the house and wait over a year (usually GC takes 6-9 months) my husbands has been pending for 15

months, does he really want to wait that long with everything ? I bet he will get sick and tired of being stuck in the house.

You as the petitioner have to take the reigns and guide him as he has no clue what he can and can not do without

certain documents, he is adjusting and integrating. His stubbornness will soon lead to frustration, so lead !

Why did you not go back to the SS office to check what the problem is ? If you applied about a week after he arrived

and 2 weeks before the I-94 expired then he should have received the SS card in the mail within 10 days.

Go back and inquire, read the VJ guide on how to obtain it. Be proactive and check.

If it is not in the system then you have to wait until he gets an EAD card to obtain the SSN which will delay other things.

Speaking of VJ guides, I suggest very strongly that while your AOS is pending you read the ROC guide and know what is

expected of you to submit at the next phase to proof co habitation and financial co mingling, it is needed from the inception

of marriage. You joined 2015 so you should have stayed a step ahead with everything necessary by reading the guides

and instructions here which would have told you the EAD/AP are free with AOS filing.

Of course EAD is optional if you you want to make things difficult for yourselves, that is your choice.

I don't know what you mean by "Are we required to go all the way to our interview without getting a drivers licence, bank account, lease, medical insurance, etc (stuff needing social security number) without that EAD?"

No, you aren't required to go all the way w/o an EAD, I don't get that question but that will happen if he refuses to get it.

It is your CHOICE to make it easy or hard on yourself and so far you have done it the hard way.

Get the EAD/AP combo card ! Problems solved.

[Pitaya 2,577]

Regarding concurrent I485/I-131?I765 filing and associated fees: Please review the Special Instructions section of this USICS link: https://www.uscis.gov/i-485

[Ash.1101 1,756]

You just fill out the EAD application, I-765, supporting documents for the I-765, and a copy of the NOA1/I-797 showing you filed for the I-485. That's all.

I would be very careful, the idea of "we're broke" and "okay with him not working while his AOS is being processed" is a dangerous one. Like others have said, AOS can take a very long time for many reasons. If he's being stubborn about not wanting to work, that may be something to talk to him about.


Also, if he applied for his SSN, you need to go back down there with the letter showing he applied and check the status. It may well be too late and your husband may have to apply again, but it could have been lost. My husbands SS card was lost in the mail, and we went in and they sent out a new one.


With this, you need to be proactive, NOT reactive.



But to answer the original question, yes EAD and AP are optional. It just makes it harder on ya'll on the long run and there really ISN'T a reason NOT to do it other than sheer laziness or not understanding the process in full.

[Pinkrlion 2,722]

Most states require at least the EAD to obtain a driver's license.

[ryn 4]

Thanks all! I shall do everything it takes to make sure he gets that EAD/AP. I needed to arm myself with information to get this going in the right direction, and several of you have been very helpful.

He is the stay-at-home parent of our children. The childcare expenses that I've researched would exceed any money he'd make working right now, so we have little choice on the work/income situation. We also had some recent bad luck expenses that are quite rare for us, so we will be back on our feet soon financially. I didn't know I'd have to explain why we are temporarily broke but okay in the long term. I didn't want to over-explain my specifics, but that's what's going on.

Regarding the social security number application, I assure you we did not sit idly by. We did follow the SSN guide (http://www.visajourney.com/content/ssn) as soon as his plane landed on K1 entry. We applied about 14 days after he landed, as suggested in the guide, with printed I-94 in hand for them. We married 2 weeks after we applied for a SSN (4 weeks after he landed). We did go back to the SSN office several times, and they said it was still pending "immigration" and there was nothing they could do. I'm not sure what it was they were waiting for from "immigration". It got stuck in that state until the I-94 expired.

Again, I am very grateful for the answers here. You have helped me immensely. This man is getting an EAD/AP whether he wants to or not.

[Ash.1101 1,756]

Don't worry about explanations, it's just a lot of us here know that it's financially demanding, and the only ones with spouses who are okay with them not working usually make well enough money. We also see cases of immigrants coming into the country and refusing to work or do anything.


With that said, I'm in the same boat as you. I know broke for sure, at his K-1 interview they required two cosponsors from us because I couldn't work. When he got here, we were living off an almost minimum wage full time job.

My daughter is special needs, and has to have someone with her at all times, because of this though we can't afford a special needs day care (which half the time there is no availability for anyways), so since my husband got his EAD, we work pretty much 24/7. I work during the day 1-930pm as a baker, and he works 10pm-630am, as an overnight stocker for the same company, just different locations. It makes it so there is ALWAYS someone home AND a second income.

Yes, it IS tough and tiring, but even my husband agrees that everything is definitely better having two incomes and not worrying as much about being broke, we get to do more on our days off, and while we're tired almost all the time, the stress of financial worry being lifted is truly worth it.


I believe ya'll will be fine and I wish you the best of luck. Always remember to research everything like this before even attempting the process, it's so much easier and less stressful to go into these things knowing the ins and outs. When you literally can't find any new information, especially here, then you generally know all there is you need to know. =]

Edited August 14, 2016 by Ash.1101

[Cathi 5,755]

So you're fine with him not working yet you're broke and you can probably get the EAD for free? Sounds logical...

Really no need for the sarcasm, she wasn't aware that EAD was free and I am pretty sure she doesn't need to explain why her husband isn't working or their financial situation to you or anyone else. She asked a simple question and you jumped all over her.

[LionessDeon 2,060]

I don't understand why your husband's social security number would be "pending immigration". Did you ask to speak with a supervisor? My fiance applied for his about one week after POE. We had no problem and he received his card the next week.

When you send in the EAD application with your NOA1 copy apply for AP also. As others stated AOS is taking quite along time to process. You never know what may come up in the following months. Better to just be safe than sorry.

Good Luck!

[yuna628 9,676]

It can happen Lioness.. Darnell used to talk about that sort of thing in the SSN section of this forum. It should be happening less now that everything is electronic, but for whatever reason.. if you aren't in their database then they'll need a verification from the USCIS or you need to fix the record with the CBP... but I suspect this could have something to do with the SSA employee not knowing what they are doing. At any case it should be aggressively followed up and not allowed to just let slip by. This isn't a phone situation for the OP, this is a go in and demand some oversight sort of thing. Unfortunately it may be an additional problem now that the I-94 has been allowed to expire before rectifying.